TERMS and CONDITIONS
11. TERMS OF PAYMENT: Customer agrees to provide ACCI with a purchase order or other appropriate financial authorization for
services performed within 24 hours after service has started. Customer agrees that commercial limitations or other restrictions,
alterations, terms or conditions incorporated within the purchase order or financial authorization not explicitly cited within this contract
are null and void and shall not be considered as part of this agreement. Customer agrees to pay ACCI for all work performed.
Payment is due upon receipt of invoice. Late payments are subject to a 3% late charge (36% annual) for each month that the full
amount due or any portion thereof is unpaid. Customer agrees not to exceed a maximum established credit limit of $10,000.00
(USD) without appropriate written authorizations and other suitable securities and or guarantors. Customer agrees to pay
ACCI’s reasonable collection fees, attorney fees and any other expenses incurred for collection of any and all charges related to the
12. LIMITATIONS OF WARRANTIES: ACCI is neither a manufacturer nor a supplier of the parts, components, assemblies or
materials that may be inspected, sorted, reworked, assembled or otherwise handled by ACCI. ACCI makes no warranties either
expressed or implied and disclaims all warranties including but not limited to the warranty of merchantability and fitness for a
particular purpose. ACCI, its agents, representatives and employees shall have no responsibility for direct, incidental, special or
consequential damages arising from or in connection with the services provided or the use or failure of any parts or other materials.
Customer specifically agrees not to make claim against, withhold, reduce or adjust payment or any portion thereof for services
provided based on any outside contractual agreement or action that is not specifically cited as part of this contract, including but
not limited to: third party charges, cost recoveries, travel, freight, equipment damage, equipment failure or financial hardship.
13. INDEMNIFICATION: Customer agrees to indemnify and hold harmless ACCI from any claim, liability, loss or damage, including
but not limited to attorney’s fees that may arise as a result of death, bodily injury, property damage or other injury resulting from
customer’s alleged or actual negligence or intentional act or omission.
14. SAFETY: Customer agrees to comply with all applicable health and safety laws and ordinances, and shall provide any safety
equipment necessary or required by law for work performed by ACCI. Customer agrees to indemnify and hold harmless ACCI,
its agents, representatives and employees from all liability, claims, fines or damages from violations of federal, state and local
health and safety laws or ordinances including OSHA resulting from the services of ACCI performed in the workplace of the
customer, or under the supervision of the customer. ACCI agents, representatives and employees may not operate machinery,
equipment or vehicles without the explicit prior written consent of ACCI.
15. EMPLOYEES: Customer shall neither hire nor attempt to hire nor utilize the services of agents, representatives or employees of
ACCI without the explicit prior written consent of ACCI. ACCI is an independent contractor of the customer, therefore no income tax of
any kind shall be withheld or paid by customer on behalf of ACCI or its employees. This agreement does not create a partnership
between the customer and ACCI, and neither party has the ability to enter into contracts on behalf of the other party.
16. NOTICE: Any notice shall be given in writing and shall be delivered to the party at the address specified in this agreement, or
such other address specified in writing.
17. CHOICE OF LAW: Any dispute pursuant to this agreement shall be decided in accordance with the laws of the State of Alabama
and the customer agrees to be subject to the jurisdiction of the Court of Talladega County, Alabama, regardless of the legal domicile of
customer, place of business of the customer or the place of transaction.
18. INSURANCE: It shall be the sole responsibility of the customer to insure any parts or other materials that are in ACCI’s
warehouse. The insurance shall cover liability for any loss, damage, injury or other casualty to property of the customer, and shall
cover damage caused by fire, wind, storm, or other casualty to the full insurable replacement value of the property. Customer
assumes the full risk of loss, and indemnifies and holds ACCI harmless for any loss.
19. TERMINATION OF AGREEMENT AND SEVERABILITY: Either ACCI or the customer may terminate this agreement at any time
without cause, provided that prior explicit written notice is given. If any portion of this agreement is held unenforceable, the remainder
of the agreement remains in full force and effect.
20. ENTIRE AGREEMENT AND AMENDMENT: This agreement contains the entire agreement between the parties with respect to the
matters described herein and is a complete and exclusive statement as to the terms thereof. This agreement may not be altered or
modified except by an explicit writing signed by both parties.
21. ASSIGNMENT: This agreement may be assigned by ACCI in whole or in part, and ACCI shall provide written notice of any such